In the podcast, Kurunthachalam Kannan, Ph.D., explains that manufacturers produce more than 8 billion lbs of BPA worldwide every year. Research links BPA with certain harmful health effects. BPA has been used in plastic water bottles, the lining of food cans, and a variety of other products; but how much do non-food sources contribute to BPA exposure? BPA coats the surfaces of thermal receipts, where it acts as a developer for the printing dye. To see whether this source of BPA was a concern, the researchers analyzed hundreds of samples of thermal cash register receipts and 14 other paper types from the US, Japan, Korea, and Vietnam.
They found BPA on 94% of all the receipts. The only receipts with that were BPA-free were those from Japan, which phased out this use of BPA in 2001. BPA was in most of the other types of paper products, with tickets, newspapers, and flyers having the highest concentrations; however, these levels paled in comparison to BPA on receipts, which the study said are responsible for more than 98% of consumer exposure to BPA from paper. The researchers estimate that receipts contribute about 33.5 tons of BPA to the environment every year in the US and Canada. They note that handling of paper products can contribute up to 2% of the total daily BPA exposures in the general population, and that fraction can be much higher in occupationally exposed individuals.
Cary, North Carolina 24-Hr and 40-Hr HAZWOPER Courses
Personnel who are expected to stop, contain, and clean up on-site releases are required to have 24 hours of initial training. Personnel who are involved in cleanups at waste sites—including Superfund sites, RCRA corrective action sites, or even voluntary cleanups involving hazardous substances—must have 40 hours of initial classroom instruction.
Satisfy your training requirements by attending a comprehensive class that provides in-depth instruction on how to perform emergency response activities. Topics include hazard recognition, spill control and containment, worker protection, and waste site activities such as site characterization, waste handling, and decontamination. You will have the opportunity to apply your training during a hands-on simulated incident response.
How to Author GHS Safety Data Sheets
OSHA is adopting the new Globally Harmonized System (GHS) for the classification and labeling of hazardous chemicals. A cornerstone of GHS is the adoption of a completely revised Safety Data Sheet (SDS). I
- December 15, 2011
- January 27, 2012
- February 29, 2012
How to Label Hazardous Chemicals Using OSHA’s New GHS Hazcom Standard
Workplace and supplier hazard communication labels are being reinvented as OSHA adopts the new Globally Harmonized System (GHS) for labeling hazardous chemicals.
- December 16, 2011
- February 3, 2012
- March 1, 2012
How to Prepare for OSHA Adoption of the GHS for Classification and Labeling of Chemicals
This means that virtually every product label, material safety data sheet (soon to be called “safety data sheet”), and written hazard communication plan must be revised to meet the new standard. Worker training must be updated so that workers can recognize and understand the symbols and pictograms on the new labels as well as the new hazard statements and precautions on MSDSs.
Environmental Resource Center is offering webcast training courses where you will learn how the new rule differs from current requirements, how to implement the changes, and when the changes must be implemented.
- January 20, 2012
- February 28, 2012
Register early to ensure your spot in one of the upcoming sessions. You may register online or call 1-800-537-2372 to register by phone.
Cleveland, Ohio RCRA and DOT Training
RCRA, DOT, IATA/IMO and SARA Title III Training Coming to the Raleigh, North Carolina Area
Safety Consultant/Trainer
Environmental Resource Center has a new opening for a safety consultant and auditor. We are looking for a former OSHA CSHO, OSHA trainer, or state inspector for this position in our Cary, North Carolina, office. Applicants should have excellent writing and speaking skills and be willing to travel 7–14 days per month. We are looking for an expert in all of the General Industry and Construction standards who is capable of performing audits of industrial facilities as well as conducting on-site training.
Strong consideration will be given to applicants who also have experience providing HAZWOPER, Hazcom, lockout/tagout, confined spaces, and machine guarding training.
The position includes maintenance of training materials (books and presentations), working on consulting projects, development of classes and computer-based training programs, and ensuring customer satisfaction.
US Tox21 to Begin Screening 10,000 Chemicals
A high-speed robotic screening system, aimed at protecting human health by improving how chemicals are tested in the US, is set to begin testing 10,000 compounds for potential toxicity. The compounds cover a wide variety of classifications, and include consumer products, food additives, chemicals found in industrial processes, and human and veterinary drugs.
Testing this 10,000 compound library begins a new phase of an ongoing collaboration between the National Institutes of Health (NIH), the US EPA, and the US Food and Drug Administration, referred to as Tox21. NIH partners include the National Toxicology Program (NTP), administered by the National Institute of Environmental Health Sciences (NIEHS), and the NIH Chemical Genomics Center (NCGC), part of the NIH Center for Translational Therapeutics (NCTT), housed at the National Human Genome Research Institute (NHGRI).
“There has never been a compound library like this before,” said NIEHS/NTP Director Linda Birnbaum, Ph.D.
Birnbaum is especially excited that some of the compounds the NTP has brought forward for testing are mixtures of chemicals. “All of us are exposed to many different chemicals at the same time, not just one chemical at a time,” she said. “These new technologies allow us to more rapidly advance our understanding of not only individual chemicals, but mixtures of chemicals as well.”
A subset of the NTP portion of the 10,000 compound library will focus on pilot testing several formulations or mixtures of compounds, a priority area for NIEHS/NTP. The library constituents were selected after a thorough analysis of existing scientific studies, more than 200 public chemical databases, and chemical nominations received from internal and external partners. Each test compound will undergo a thorough chemical analysis to verify its identity and determine its purity, concentration, and stability.
The goal of the testing is to provide results that will be useful for evaluating if these chemicals have the potential to disrupt processes in the human body to an extent that leads to adverse health effects.
The compounds will be tested in the Tox21 robotic screening system at the NCGC in Rockville, Maryland. The Tox21 robot, unveiled earlier this year, was purchased with funds provided by the NTP as part of its contribution to the Tox21 partnership.
“The robot has undergone rigorous testing since it was installed and unveiled earlier this year. It’s ready to start testing this large compound library,” said NHGRI Director Eric Green, M.D., Ph.D. “This is a milestone for Tox21, because it will allow us to test chemicals at a rate previously impossible for anyone to do by hand.”
The development of methods for evaluating chemical toxicity has the potential to revolutionize the assessment of new environmental chemicals and the development of new drugs for therapeutic use.
“We are happy to contribute NCGC’s pharmaceutical collection of approximately 3,500 compounds of approved and investigational drugs as part of the Tox21 program,” said NCTT Scientific Director Christopher Austin, M.D. “Drug toxicity is one of the primary reasons that the development of new drugs fails and approved drugs are removed from the market, and the ability to better predict toxicity would improve the efficiency of drug development enormously.”
The EPA seeks to understand the molecular basis of such chemicals to better protect human health and the environment.
“The Tox21 partnership integrates revolutionary advances in molecular biology, chemistry, and computer science, to quickly and cost-effectively screen the thousands of chemicals in use today,” said Paul Anastas, Ph.D., assistant administrator of the EPA Office of Research and Development. “The innovative robotics screening technology will generate chemical toxicity data that EPA has never had before.”
The FDA, also a partner in Tox21, emphasizes the value of this effort for the public. “The Tox21 rapid assessment of drug toxicity can become a powerful safety tool for protecting the American public. It also has the potential to help bring innovative drugs to market by allowing drug developers to identify unsafe candidate drugs early,” said Janet Woodcock, M.D., director of the FDA Center for Drug Evaluation and Research.
Central Transport International Cited for Repeat Safety Violations
The violations involve allowing workers to operate unsafe forklifts and failing to provide proper eyewash facilities for workers exposed to corrosive chemicals, among others. Proposed penalties total $164,800.
OSHA’s Chicago North Area Office initiated an inspection after receiving a complaint alleging that employees were not provided with forklift training and a hazardous material spill had occurred due to a forklift incident. No injuries were reported.
“Employers who are cited for repeat violations demonstrate a lack of commitment to workplace safety and health standards. Deficient forklifts and improperly handled chemicals can lead to serious injuries or death,” said Diane Turek, director of OSHA’s Chicago North office in Des Plaines, Illinois. “All employers must take the necessary steps to eliminate hazards from the workplace.”
Four repeat violations with proposed penalties of $132,000 have been cited, including exposing workers to hazards by allowing them to operate forklifts that remained in service even after deficiencies were noted; exposing workers’ eyes, faces, and hands to corrosive chemicals without providing suitable eyewash facilities; failing to develop an emergency response plan; and failing to conduct fire extinguisher training. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years. The company was cited for the same violations at numerous facilities between 2006 and 2011.
Central Transport also has been cited for eight serious violations with proposed penalties of $30,800, including failing to train and evaluate forklift drivers, maintain forklift name plates in legible condition, label hazardous material containers, maintain the mechanic shop maintenance area in a dry condition, provide workers with training on hazardous chemicals, and provide material data safety sheets for workers’ reference. A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.
Finally, the company has been cited for five other-than-serious violations with $2,000 in proposed penalties for failing to maintain the OSHA 300 injury and illness log, maintain fire extinguishers, illuminate exit signs, and unlock a fire exit door. An other-than-serious violation is one that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.
OSHA Urges Protective Measures for Formaldehyde Exposure
OSHA is continuing its efforts to protect workers from the dangers of formaldehyde exposure. In November, OSHA issued citations and fines to two salons for failing to implement precautions to protect workers from exposure to formaldehyde when using certain hair-smoothing products. Formaldehyde can irritate the eyes and nose; can cause allergic reactions of the skin, eyes, and lungs; and is a cancer hazard. Salon owners who decide to use products that may contain or release formaldehyde must follow the requirements of OSHA’s formaldehyde and hazard communication standards to keep workers safe.
“We want to make sure that salon owners are aware that if they use these products, they have to implement protective measures such as air monitoring and training,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “What is very troubling to the agency is that some of these products clearly expose workers to formaldehyde even when the label states they are formaldehyde free.”
OSHA continues to respond to complaints and referrals of formaldehyde exposure in salons, beauty schools, and manufacturing facilities. To date in calendar year 2011, federal OSHA has issued citations to 23 salon owners and beauty schools in Connecticut, Massachusetts, Pennsylvania, Florida, Illinois, New York, New Jersey, and Ohio, with fines ranging up to $17,500 for failing to protect workers from overexposure and potential exposure to formaldehyde.
Some of these violations include failing to communicate the hazards of exposure to formaldehyde, provide needed protective equipment, and test air levels. The requirements of OSHA’s formaldehyde standard can be viewed at http://s.dol.gov/KW. In three separate salons, OSHA’s tests showed that workers were exposed to formaldehyde levels above the agency’s 15-minute short-term exposure limit, which is 2.0 parts of formaldehyde per million parts of air. In one case, OSHA determined that a hair stylist was exposed to more than five times the allowable amount with an actual exposure reading of 10.12 ppm. In another instance, the exposure reading was 4.73 ppm.
OSHA also has issued citations to two Florida manufacturers and two Florida-based distributors of hair products containing formaldehyde for failing to protect their own workers from possible formaldehyde exposure as well as failing to communicate the hazards of formaldehyde exposure to salons, stylists, and consumers. The violations of OSHA’s formaldehyde and hazard communication standards include failing to list formaldehyde as a hazardous ingredient on the material safety data sheet, the hazard warning sheet provided to users such as salon owners and stylists; include proper hazard warnings on product labels; and list the health effects of formaldehyde exposure on the MSDS. Labels must include ingredient and health hazard warning information, and the MSDS must provide users with information on the chemicals in a product, the hazards to workers, and how to use the product safely.
“The best way to control exposure to formaldehyde is to use products that do not contain formaldehyde. Salons should check the label or product information to make sure it does not list formaldehyde, formalin, methylene glycol or any of the other names for formaldehyde,” said Michaels. “If salon owners decide to use products that contain or release formaldehyde, then they must follow a number of protective practices—including air monitoring, worker training and, if levels are over OSHA limits, good ventilation or respirators.”
OSHA already has conducted significant outreach to salons, beauty schools, and manufacturers to alert them about the hazards of hair smoothing products and the requirements of OSHA’s standards. This alert, which revised the initial alert issued last spring, was prompted by the results of additional agency inspections, a warning letter issued by the US Food and Drug Administration, and factually incorrect information recently sent to salons by Brazilian Blowout, a company that manufactures hair products.
In response to the August 24 letter sent by Brazilian Blowout to salon owners claiming that all OSHA air tests performed on the company’s Brazilian Blowout Professional Acai Smoothing Solution yielded results below OSHA’s standard for exposure, the agency sent a letter to the company refuting that assertion.
Pfizer Receives Michigan’s Highest Award for Workplace Safety and Health Excellence
Pfizer Inc., received renewal of its MVPP Star Award, the state’s highest workplace safety and health award, at a formal ceremony from the Michigan Occupational Safety and Health Administration (MIOSHA) for its manufacturing operations in Kalamazoo County. The MIOSHA program is part of the Michigan Department of Licensing and Regulatory Affairs (LARA).
“We are honored to recognize Pfizer today for its exemplary corporate commitment to workplace safety and health,” said LARA Director Steven H. Hilfinger. “Pfizer demonstrates a corporate culture where workplace safety and health is a top priority. This company recognizes that a safe workplace provides the foundation for a productive workplace.”
MIOSHA established the Michigan Voluntary Protection Program (MVPP) program in 1996 to recognize employers actively working toward achieving excellence in workplace safety and health. Since 1999, Michigan has recognized 27 MVPP Star companies. This is the most prestigious safety and health award given in Michigan. Pfizer Kalamazoo first received MVPP Star approval in March 2008. This is the company’s first renewal.
“The recertification of the MIOSHA Star Award is a testament to every Pfizer colleague who strives for excellence in environmental, health and safety every day,” said Tony Maddaluna, President, Pfizer Global Supply. “We are each committed to doing all that’s necessary to maintain Pfizer’s high standards.”
Pfizer colleagues have established an inclusive safety culture that addresses the needs of both employees and contractors through a commitment to four areas of focus:
- Watch out and care for each other;
- Spend five minutes prior to performing a task to assess the task, identify potential hazards, and take action to prevent injury;
- Participate in safety team and safety-related activities; and
- Continuously improve colleague safety awareness.
“This recognition is a reminder that putting safety first benefits our colleagues as we continue to drive our best-in-class environmental, health and safety program,” said Frank Foley, Site Leader, Pfizer Global Supply, Kalamazoo Operations.
The Kalamazoo manufacturing site is the largest in the Pfizer Global Supply network and employs approximately 2,100 workers.
The Pfizer incidence rate and lost work day rate are well below the National Bureau of Labor Statistics average for their NAICS code 325412–Pharmaceutical Preparation Manufacturing. The rates must be below the industry average to qualify for continued MVPP STAR status.
“Pfizer’s continued recognition in the MVPP program, and the trust and cooperation upon which it is based, demonstrate that implementing an exemplary safety and health-management system is not only the right thing to do, it is also admirable and sustainable,” said MIOSHA Director Doug Kalinowski.
A division of Pfizer, Inc., Pfizer Global Supply presently operates 87 manufacturing sites and manages 188 distribution centers globally with a workforce of more than 30,000 colleagues. It is one of the world’s preeminent biopharmaceutical and animal health supply organizations.
$127,560 Fine for Willful and Repeat Fall Hazards
Total Remodeling Services LLC faces a total of $127,560 in proposed fines. This is the fourth time since 2009 that OSHA has cited this employer for fall-related hazards.
“There is a simple truth that employers must recognize: Fall protection is a requirement, never an option, when employees work at heights of 6 feet or more,” said Robert Kowalski, OSHA’s area director in Bridgeport, Connecticut. “In this case, employees were exposed to 15- to 22-foot falls from the roof and ladders because this employer chose to not provide the required safeguards and training that would protect them.”
OSHA’s Bridgeport Area Office opened its inspection after an OSHA inspector observed Total Remodeling Services employees working on a roof without any form of fall protection. The inspection also established that the workers had not been trained to recognize that they were exposed to fall hazards, nor had they been trained in properly setting up and using ladders to access the roof.
Because OSHA cited Total Remodeling Services Inc., in 2009, 2010, and 2011 for the same hazards at work sites in Bridgeport and Milford, the agency is now citing the contractor for three willful violations with $120,300 in proposed fines for the hazards at the Stratford work site. A willful violation exists when an employer has demonstrated either an intentional disregard for the requirements of the law or plain indifference to employee safety and health.
“Falls are the number one killer in construction work,” Kowalski said. “An employer who repeatedly and knowingly fails to safeguard his employees against falls exposes them to death or disabling injuries.”
Total Remodeling Services was cited for one serious violation for allowing an employee to use his hand to extend the upper section of a ladder while he was on it. A similar violation was cited at a Bridgeport work site in November 2009. Fines for the serious and repeat violations total $7,260.
MSHA Cites Corporate Culture as Root Cause of Upper Big Branch Mine Disaster
OSHA announced that it has imposed a fine of $10,825,368, the largest in agency history, following its investigation into the April 2010 explosion at the Upper Big Branch-South Mine (UBB), which was operated by Performance Coal Co., (PCC), a subsidiary of Massey Energy Co. The investigation followed an explosion that killed 29 miners and injured two—the worst US coal mining disaster in 40 years. A report concludes that Massey’s corporate culture was the root cause of the tragedy. The Mine Safety and Health Administration (MSHA) has issued Massey and PCC 369 citations and orders, including for an unprecedented 21 flagrant violations, which carry the most serious civil penalties available under the law.
Secretary of Labor Hilda L. Solis, Solicitor of Labor M. Patricia Smith, MSHA Assistant Secretary Joseph A. Main, and MSHA Administrator for Coal Kevin Stricklin met with families to share the agency’s findings.
“The tragic explosion at Upper Big Branch left dozens of families without husbands, fathers, brothers and sons,” said Secretary Solis. “I made a pledge to the families of those we lost, and the entire mining community, to conduct the most complete and thorough investigation possible in order to find the cause of this disaster. The results of the investigation lead to the conclusion that PCC/Massey promoted and enforced a workplace culture that valued production over safety, and broke the law as they endangered the lives of their miners. By issuing the largest fine in MSHA’s history, I hope to send a strong message that the safety of miners must come first.”
The agency’s presentation of findings follows a non-prosecution agreement reached among the US Attorney’s Office for the Southern District of West Virginia, the US Department of Justice, Alpha Natural Resources Inc., and Alpha Appalachia Holdings Inc., formerly known as Massey Energy Co. The agreement—which includes nearly $210 million for remedial safety measures at all Alpha mines, a trust fund for improvements in mine safety and health, payment of outstanding civil penalties for all former Massey mines, and restitution payments for the victims’ families—resolves criminal liability for Alpha but does not provide protection against criminal prosecution of any individuals.
“This agreement can go a long way toward changing a safety culture that was clearly broken at Massey’s mines,” said Secretary Solis. “Although this agreement is significant, it in no way absolves any individuals responsible for this terrible tragedy of their criminal liability. We will continue to cooperate with the U.S. Attorney’s Office to ensure that the responsible parties will be brought to justice.”
MSHA concluded that the 29 miners died in a massive coal dust explosion that started as a methane ignition. While the investigation found the physical conditions that led to the coal dust explosion were the result of a series of basic safety violations at UBB, which PCC and Massey disregarded, the report cites unlawful policies and practices implemented by PCC and Massey as the root cause of the explosion—including the intimidation of miners, advance notice of inspections, and two sets of books with hazards recorded in UBB’s internal production and maintenance book but not in the official examination book. The investigation found that the operator promoted and enforced a workplace culture that valued production over safety, including practices calculated to allow it to conduct mining operations in violation of the law.
“Every time Massey sent miners into the UBB Mine, Massey put those miners’ lives at risk. Massey management created a culture of fear and intimidation in their miners to hide their reckless practices. Today’s report brings to light the tragic consequences of a corporate culture that values production over people,” said Main. “The secretary and I are committed to improving the health and safety of America’s miners. To honor the memory of the lives lost at UBB, we will use the lessons learned from this terrible tragedy to fulfill that commitment.”
MSHA issued PCC and Massey 12 citations and orders deemed contributory to the cause of the accident, and nine of those violations were assessed as flagrant, which carry the highest possible penalties. Violations include illegally providing advance notice to miners of MSHA inspections; failing to properly conduct required examinations; allowing hazardous levels of loose coal, coal dust, and float coal dust to accumulate; failing to adequately apply rock dust to the mine; failing to adequately train miners; and failing to comply with approved ventilation plans and approved roof control plans. MSHA also issued 357 citations and orders to PCC and Massey that did not contribute directly to the explosion, including 11 assessed as flagrant. Additionally, MSHA issued two contributory and two non-contributory violations to David Stanley Consulting LLC—a contractor that supplied examiners and other miners to work at UBB—for its examiner’s failure to properly conduct examinations. These violations carry penalties of $142,684.
MSHA conducted its investigation under the authority of the Federal Mine Safety and Health Act of 1977, which requires that authorized representatives of the secretary of labor carry out investigations in mines for the purpose of obtaining, utilizing, and disseminating information relating to the causes of the accidents.
MSHA conducted the underground investigation in coordination with the West Virginia Office of Miners’ Health Safety and Training, the Governor’s Independent Investigative Panel and Massey Energy. The United Mine Workers of America participated in the investigation in its capacity as a representative of miners designated pursuant to the Mine Act, as did Moreland & Moreland l.c.
OSHA Cites Grain Bin Operator for 2 Teen Deaths
OSHA has reached an agreement with Haasbach LLC, in Mount Carroll, Illinois, resolving 25 citations issued by the Department of Labor’s Occupational Safety and Health Administration and child labor civil money penalties assessed by its Wage and Hour Division. The resolution follows the deaths of Wyatt Whitebread, 14, and Alex Pacas, 19, at the company’s Mt. Carroll grain bin facility in July 2010. A 20-year-old worker also was seriously injured in the incident.
“This tragedy has had a profound effect on the community of Mt. Carroll and the grain industry nationwide,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “We hope that the deaths of these two young men send a profound and unmistakable message throughout the grain industry that loss of life can and must be prevented.”
At the time of the incident, the workers were “walking down the corn” to make it flow while machinery used to convey the grain was running. All three became trapped in corn more than 30 feet deep, and Whitebread and Pacas suffocated.
OSHA cited Haasbach for 12 willful, 12 serious, and one other-than-serious violation of the agency’s grain standards. Following the agreement reached in this case, which was approved by an administrative law judge of the independent Occupational Safety and Health Review Commission, the company must pay $200,000 in penalties, an amount amended from the original fines assessed. Haasbach is no longer in business.
Since 2009, OSHA has fined grain operators in Illinois, Colorado, South Dakota, and Wisconsin following similar preventable fatalities and injuries. In addition to enforcement actions, Michaels sent a notification letter to grain elevator operators warning them not to allow workers to enter grain storage facilities without proper equipment, precautions and training. “OSHA will not tolerate noncompliance with the Grain Handling Facilities standard,” said Michaels in the letter. “We will continue to use our enforcement authority to the fullest extent possible.”
OSHA’s Region V, which includes Illinois, Ohio, and Wisconsin, initiated a Grain Safety Local Emphasis Program in August 2010. This program focuses on hazards associated with grain engulfment, machine guarding, lockout/tagout of dangerous equipment to prevent accidental start up, electricity, falls, employee training, and combustible dust hazards.
A separate investigation by the Labor Department’s Wage and Hour Division found that Haasbach violated the Fair Labor Standards Act’s child labor provisions by employing workers under age 18 to perform hazardous jobs that are prohibited by the FLSA. Under the agreement, Haasbach will pay $68,125, the full civil money penalty originally assessed as a result of those violations.
“It is against the law to put the health and well-being of minors at risk by requiring them to perform prohibited hazardous jobs,” said Nancy Leppink, deputy administrator of the Wage and Hour Division. “It is the employer’s responsibility to know and adhere to child labor laws and regulations. If violators decide not to follow the law, they should know that the Wage and Hour Division will not hesitate to use all available tools, including litigation, to pursue those who put young workers in harm’s way.”
Under the FLSA’s child labor provisions, the secretary of labor has declared certain jobs too hazardous for anyone younger than 18 to perform and other jobs too dangerous for anyone younger than 16. For example, employing and requiring anyone younger than 16 to work in occupations involving warehousing or transportation, including in a grain bin operation, is a violation. Similarly, employing a worker younger than 18 to climb on top of a high grain bin violates a hazardous order, as does having a minor work in a hazardous occupation involving the operation of a power-driven hoisting device. These rules must be followed unless a specific exemption applies.
MSHA to Start Using Pre-assessment Conferencing Procedures
MSHA will begin implementing pre-assessment conferencing procedures in January 2012 to help reduce any backlog of future violations before the Federal Mine Safety and Health Review Commission. Under the procedures in most MSHA districts, a mine operator and miners’ representative may request a conference regarding a contested citation or order only after MSHA proposes a penalty assessment, and any settlements require approval by the commission. The new procedures are based on the results of a pilot program launched by MSHA Assistant Secretary Joseph A. Main in August 2010 that evaluated the effect of the pre-assessment conference on contested citations. The evaluation incorporated input from industry stakeholders, including mine operators and miners’ representatives.
“This new conferencing process will help reduce the backlog of cases that go before the commission by resolving disputes before litigation ever occurs,” said Main. “We are implementing a process that will provide early resolution of disputes, reduce the number of contested citations and orders, increase accuracy and consistency, and improve communication among mine operators, miners and MSHA.”
Each MSHA district must determine when to implement the procedures based on available resources. Implementation may occur slowly or not at all in some districts, until other backlog reduction strategies take hold and make the caseloads more manageable. During the pilot program, operators frequently opted not to request pre-assessment conferences, but there was a high resolution rate for those that did. “Although no single strategy will reduce the backlog of contested cases before the commission, this is one aspect of a larger plan, taking advantage of reduction opportunities where they can be found and implemented,” said Main.
- Most contested violations did not go through the conference process.
- Most violations that went to conference were settled without a contest being filed.
- Ten mining companies accounted for more than half of all contested violations.
- Most mine operators surveyed stated that they felt comfortable in communicating concerns and expressed satisfaction with the conferencing procedures used during the pilot.
- Stakeholders expressed widespread support for the conference process.
- Additional resources will be needed to implement an agency-wide conferencing program. Pilot districts estimated that while the actual conference took a short period of time, preparation for the conference could take as much as 1 to 2 hours per violation.
The number of contested proposed civil penalties increased dramatically between 2007 and 2010, creating a backlog of more than 89,000 citations awaiting adjudication by the Federal Mine Safety and Health Review Commission. The rise in contested violations has been attributed to the increase in penalty amounts and overall number of violations cited, the potential pattern of violations program, and the replacement of pre-assessment conferences with post-assessment enhanced conferences. In the Supplemental Appropriations Act of 2010, Congress provided $18.2 million to allow the Department of Labor to begin reducing the existing case backlog before the commission, and for other purposes related to mine safety. As of September 30, the total number of citations in the backlog was down to approximately 69,000.
OSHA Cites Cargill Meat Solutions for Process Safety Management Procedures
OSHA initiated the inspection in June under a process safety management national emphasis program. Proposed fines total $146,400.
“Failing to follow process safety management procedures when using hazardous chemicals such as ammonia can put workers in serious danger,” said George Yoksas, OSHA’s area director in Milwaukee. “It is unacceptable for employers not to ensure that work environments are healthful and safe.”
The violations include failing to develop normal operating procedures for startup of ammonia refrigeration systems; develop training procedures for routine, regular, and temporary tasks; develop and implement procedures to maintain process equipment; review operating procedures for accuracy; readily provide operating procedures for ammonia refrigeration operators; annually inspect piping; conduct equipment inspections and testing at required intervals; correct deficiencies noted in an audit; perform investigations for each incident that occurred on system equipment; and provide a guard on an open-side floor.
OSHA’s standards contain specific requirements for the management of hazards associated with processes using dangerous chemicals.
Cargill Meat Solutions Corp., headquartered in Wichita, Kansas, is a wholly-owned subsidiary of Minneapolis-based Cargill Inc.
Colorado Blue Ribbon Foods Fined $116,000
Proposed fines total $116,160.
OSHA has cited the company for seven repeat, 18 serious, and three other-than-serious violations. The repeat violations relate to hazards associated with respiratory protection, material storage, powered industrial trucks, and machine guarding. Similar violations were cited in 2010 at the same facility.
The serious violations include improper preventive maintenance of the anhydrous ammonia system, no lockout procedures for de-energizing equipment prior to performing maintenance activities, inadequate personal protective equipment, inadequate housekeeping, and various electrical hazards.
The other-than-serious violations include failing to properly maintain OSHA 300 logs for injuries and illnesses and to inspect fire extinguishers.
The prior inspection of Colorado Blue Ribbon Foods on which this follow-up is based was initiated in September 2010, following the injury of an employee when a steam-jacketed kettle of beans exploded. Numerous hazards with regard to electrical safety, forklift operations, and machine guarding were found and cited by OSHA.
“McKeefe Ventures was inspected and cited in the past for violations of OSHA standards under the names of Pueblo Foods LLC, and Colorado Blue Ribbon Foods LLC, so the company is well aware of this agency’s requirements for the industry,” said David Nelson, director of OSHA’s Englewood Area Office. “The violations that relate to improper management of the anhydrous ammonia system demonstrate a lax attitude toward a potentially catastrophic atmospheric release.”
OSHA Cites Contractor for Willful and Serious Violations Following Carbon Monoxide Incident
OSHA cited general contractor Trans Florida Development Corp., of Miami, Florida, for one willful health and one serious safety violation with total proposed penalties of $66,990. The citations follow an incident that occurred in June at a work site at Ocean Drive and First Street where workers were installing a new drain system. A worker using a powered saw to cut a hole in a storm drain box was overexposed to carbon monoxide from the saw and had to be taken to a hospital for treatment.
The willful health violation, with a $61,600 penalty, was cited for failing to evaluate the job site and implement procedures to ensure workers were not exposed to toxic substances while working in a confined space.
The serious safety violation, with a $5,390 penalty, was cited for failing to provide training on confined space hazards.
“This employer knew the proper safety precautions and procedures associated with working in confined spaces, yet chose to ignore those requirements and ultimately failed to protect the workers,” said Darlene Fossum, OSHA’s area director in Fort Lauderdale.
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